List of generic and genericized trademarks
List of generic trademarks
The following list comprises those marks which were originally created and used as trademarks, but which have subsequently become entirely synonymous with the common name of the relevant product or service. Marks which appear in this list have become so generic that their former status as proprietary trademarks is often unknown to the general public. Such marks may therefore be considered "fully generic", whereas genericized marks which are at risk of becoming generic are listed in the next section.
- crock pot – Crock-Pot is sold by Rival Industries, but "crock pot" and "crockpot" are common synonyms used by cooks to describe slow cookers.[1]
- pilates exercise system – United States trademark formally canceled by court in 2000[2]
- touch-tone – dual tone multi-frequency telephone signaling. AT&T states "formerly a trademark of AT&T"[3]
- Webster's dictionary – the publishers with the strongest link to the original are Merriam-Webster, but they have a trademark only on "Merriam-Webster", and other dictionaries are legally published as "Webster's Dictionary" [4]
- cellophane[5] - originally a trademark of Dupont[6]
- escalator - originally a trademark of Otis Elevator Company [7]
- dry ice [8] - trademarked by the Dry Ice Corporation of America in 1925[9]
- lanolin - trademarked as the term for a preparation of sheep fat and water[10]
- mimeograph[11] - origninally trademarked by Albert Dick
- trampoline - originally trademarked by George Nissen[12][13]
- zipper - originally a trademark of B.F. Goodrich [14]
Non-trademarks
Some common names for products or services are popularly believed to be genericized trademarks. However this in not the case as the names were never originally created or used as trademarks.
In some cases companies have managed to register common names as trade marks, however this typically results in the eventual cancellation or surrender of the registration concerned. This has occurred in the United States in relation to rooibos.[15]
List of frequently misused trademarks
Trademarks in this list are still registered as trademarks (except where noted), but are sometimes misused in a generic sense. The previous list contains former trademarks that no longer have legal status, while the following list comprises those marks which have been registered as trademarks, and which continue in use and are actively enforced by their trademark owners. It is improper to use these generically (except where noted by country). None of these marks should be regarded as legally abandoned or in the public domain, and therefore each should always be capitalized. Writing guides such as the Associated Press Stylebook advise writers to "use a generic equivalent unless the trademark is essential to the story."
References
- ^ "Is Slow Cooker Synonymous with Crock-Pot?". Food News Service. Retrieved 2008-01-24.
- ^ "Pilates Trademark Lawsuit makes "Pilates" available for public use". Pilates.com. Retrieved 2008-01-24.
- ^ "Centrex Service". Retrieved 2008-01-24.
- ^ "Merriam-Webster FAQ". Retrieved 2008-01-24.
- ^ http://dictionary.reference.com/browse/Cellophane
- ^ http://www.millslawyers.com/trademarks.html
- ^ http://www.theelevatormuseum.org/h/h-1.htm#15
- ^ http://www.bartleby.com/61/51/D0405100.html
- ^ http://inventors.about.com/od/dstartinventions/a/dry_ice.htm
- ^ Jaffe v. Evans & Sons, Ltd., U.S. (Supreme Court, Appellate Division, First Department, New York March 21, 1902).
- ^ http://www.bartleby.com/61/68/M0306800.html
- ^ http://web.mit.edu/invent/iow/nissen.html
- ^ http://www.wvtc.co.uk/history19.htm
- ^ http://dictionary.reference.com/browse/zipper
- ^ "Rooibos Trademark Abandoned". NPI Center. June 28, 2005. Retrieved 2008-01-24.
- ^ www.thermos.com
- ^ http://www.core.org.cn/NR/rdonlyres/Sloan-School-of-Management/15-628Patents--Copyrights--and-the-Law-of-Intellectual-PropertySpring2003/88A3CE91-A80C-4B1A-A08C-AD975FB54DFA/0/kingseeleythermosvAladdin.pdf
- ^ Donald F. Duncan, Inc. v. Royal Tops Mfg. Co., 343 F.2d 655 (7th Cir. 1965)